The following Terms and Conditions govern the use of Shape Clarkefield (“the site”). The software platform is owned by Social Pinpoint Pty Ltd and operated by us, Clarkefield Developments Pty Ltd.

By accessing and using this site, you are choosing to accept and comply with the Terms presented throughout this agreement as well as the Privacy Policy and Moderation Policy. These Terms apply to all visitors and users of this site. Linked sites, affiliated services or third party content or software have their own Terms that you must comply with. If you disagree with any of the Terms presented in this agreement, you may discontinue using the site immediately.

If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms and Conditions (including the Privacy Policy and Moderation Policy).

Welcome to www.shapeclarkefield.com.au. This website and domain name are owned and operated by Clarkefield Developments Pty Ltd ACN #622 392 625 (Clarkefield Developments).

By using this website and in consideration of Clarkefield Developments providing you with access to this website, you agree to the following Terms and Conditions, which, together with the Privacy Policy, governs your access to and use of this website. Clarkefield Developments reserves the right to amend these Terms and Conditions from time to time.

1. Intellectual Property

1.1 Intellectual Property Rights means:

(a) patents, trade marks, services marks, design rights (whether registered or unregistered and including any applications for these rights);

(b) copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;

(c) trade or business names;

(d) know-how, confidential information and trade secrets; and

(e) and any other similar rights or obligations whether registrable or not in any country.

1.2 All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Clarkefield Developments. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Clarkefield Developments, or as permitted by law. All rights of Clarkefield Developments are reserved.

1.3 You acknowledge and agree that, other than as expressly set out in these Terms and Conditions, you obtain no Intellectual Property Rights in this website, or any part of the Content. As between you and Clarkefield Developments, all Intellectual Property Rights in this website and the Content vest in Clarkefield Developments.

1.4 If you become aware of any infringements or suspected infringement by any third party of any Intellectual Property Rights in this website or the Content, you must immediately notify Clarkefield Developments.

1.5 Trade marks used on this website to describe third parties and their products are trade marks of those third parties.

2. Licence To Use This Website

2.1 As a user of this website, you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this website and the Content in accordance with these Terms and Conditions.

2.2 Clarkefield Developments may terminate this licence at any time for any reason whatsoever immediately and without notice.

2.3 If you wish to download and use any materials contained on the website for a temporary purpose (such as viewing offline), you may do so. However, downloading materials contained on this website for reproduction may only be done upon receipt of prior written consent from Clarkefield Developments.

3. Linking and Third Party Content

3.1 You must not link to, frame or mirror any part of the website without Clarkefield Developments’ written authorisation.

3.2 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Clarkefield Developments. Clarkefield Developments does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

4. Your conduct

4.1 This website is for your personal use only and not for commercial exploitation.

4.2 You must not:

(a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website or the Content;

(b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users in relation to this website or the Content;

(c) use any robot, spider, other automatic software or device, or manual process to monitor or copy this website or the Content;

(d) copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this website or the Content;

(e) establish links to this website or the Content from any third party website.

(f) use the website in breach of any applicable laws or regulations;

(g) use the website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Clarkefield Developments);

(h) use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(i) interfere with, disrupt, or create an undue burden on the website;

(j) upload, post, transmit or otherwise make available any material that:

(i) is not your original work, or which may infringe the intellectual property or other rights of another person;

(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) includes an image or personal information of another person unless you have their consent;

(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(v) contains large amounts of untargeted, unwanted or repetitive content; or

(vi) contains financial, legal, medical or other professional advice.

Without limiting the above, you will not and will not permit a third party to:

(k) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;

(l) use, obtain, or attempt to obtain from the website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and

(m) do anything which will or may damage, disrupt access to or interfere with the proper operation of the website.

If you believe that a user has breached any of the above conditions, please contact us.

4.3 Clarkefield Developments reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the website, you grant Clarkefield Developments a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.

4.4 Clarkefield Developments is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than Clarkefield Developments. Clarkefield Developments does not endorse any opinion, advice or statement made by any person other than Clarkefield Developments.

4.5 You agree to indemnify Clarkefield Developments and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001) and each of their officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.

5. Advertising And Sponsorship

5.1 This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws.

5.2 Clarkefield Developments is not responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

6. Disclaimer

6.1 The information contained on this website is general in nature and is not given as advice (financial or otherwise) or as a recommendation by Clarkefield Developments about any investment or property. You should not rely on information contained on this website. You should obtain independent legal and financial advice and make your own assessment before deciding whether to invest.

6.2 All drawings, sketches, plans, dimensions, lot sizes, lot locations, computer renderings and other like information contained on this website are approximate only. Interior photographs are an indication only and may not represent the home on display. Lot frontages stated are a guide only and dependent on individual council requirements. Images are for illustrative purposes only and may contain items that are not included in the standard specification, or in the promotion, or supplied by Clarkefield Developments. Clarkefield Developments reserves the right to amend or vary any information contained on the website, including images, at any time.

6.3 A variety of factors outside of Clarkefield Developments’ control influence the size, location and availability of lots for purchase, including council requirements, planning consents, survey results and government and council requirements.

6.4 Where prices are included on this website, those prices are provided as a guide only. You should speak to a Clarkefield Developments representative to obtain specific information about pricing.

6.5 By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify Clarkefield Developments and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website. Clarkefield Developments holds the benefit of these Terms and Conditions for itself and on behalf of each of its Affiliates.

7. Privacy Policy

Clarkefield Developments’ Privacy Policy is incorporated by reference into these Terms and Conditions. By using the website, you agree to the Privacy Policy.

8. Jurisdiction

These terms and conditions are governed by the laws of Victoria, Australia.

9. Contact

If you have any queries regarding these terms and conditions, please contact us.